Cabinet rejects appeal for Ocala-area project

September 16, 2009|By Aaron Deslatte, Tallahassee Bureau

With the state's housing market cratered and its population declining, Gov. Charlie Crist and the Cabinet waded into the debate over Florida's development future on Tuesday when they rejected an appeal from developers of a 400-acre project outside Ocala.

The project itself was not extraordinary: A longtime Marion County landowner wanted to build 792 houses in the heart of Florida horse country.

Although the state initially OK'd the project, it reversed itself after realizing the project would create more housing than is needed in Marion County for the next 45 years. As a result, the review agency sided with two residents who challenged the project in court.

But in recent weeks, the project has become a flashpoint in the fight between developer groups and the so-called Hometown Democracy constitutional amendment on the 2010 ballot.

"This case has become a stalking horse for much bigger projects waiting in the wings," said Tom Pelham, secretary of the state's Department of Community Affairs before the Cabinet's 4-0 vote to reject the appeal.

Hometown backers, citing the Ocala case, have called on the Cabinet to suspend approvals of all new large-scale projects until after the November 2010 vote on their amendment. If passed by 60 percent of voters, it would require public votes on future large-scale projects.

That equates to a giant stop sign to developers. Their response: the state has been deluged with requests for approval of projects of up to 50,000 units, Pelham said.

Statewide business groups had lobbied the Cabinet to allow the project to go forward, fearing that a rejection could put developers on notice that large new projects may have to remain on hold for the indefinite future.

"You are seeing people reacting to the overall situation of the economy, and the need for long-term planning," said Florida Chamber of Commerce lawyer Adam Babington.

In rebuttal, Pelham singled out the Destiny project in Osceola County, a proposal to build 100,000 homes and apartments on 20,000 rural acres west of Yeehaw Junction. Allowing those homes to be built without showing the need for new housing would "pour more fuel on the fires of Hometown Democracy," he said.

A Marion County commissioner and a lawyer hired by the property owners asked the Cabinet to hold off a decision -- mainly because a delay would allow their development to be grandfathered in if Hometown Democracy passes at the ballot box.

"There is no harm done in leaving this amendment pending," said Linda Shelley, a former DCA secretary under Gov. Lawton Chiles who was hired by the family of Bernard Castro, founder of the Castro Convertibles sofa company who owns the land.

"We're asking not to be singled out and start the planning process all over again," said his granddaughter, Terri Keogh.

But Pelham said that not upholding the administrative law judge "will be sending the worst message of all to the people of this state; that is, the system will not enforce even the most fundamental growth management requirements."